Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of SC/ST Act - No evidence on record that victim was raped only on the ground that she belonged to SC community - Conviction under SC/ST Act set aside...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 223(1) -- Proviso - Cognizance of offence - Opportunity of being heard was not given to accused before taking cognizance of offence on complaint - There is thus, non-compliance of S.223(1) proviso BNSS - Order taking cognizance set aside...........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 27, 30 -- Murder - Witness turned hostile - Conviction - As per record, no discovery of fact made on the basis of confession of A1 regarding place of conspiracy and transaction of money - Further, the clothes and machetes allegedly worn by A5& A6 were recovered based on confession statement of A3 the..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for specific performance - Application filed by defendant to place on record family settlement - However, there is no reference of said family settlement in written statement - Parties had already closed their evidence at the time of filing of application - Even, part arguments had already been heard -..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property of senior citizen - Transfer was done out of love and affection - There was no condition to maintain appellant in said transfer deed - Tribunal without taking into consideration what basic amenities or basic physical needs were not provided for by son or..........
Concealment of material facts -- Order obtained by concealing material fact - Impugned order passed is erroneous, hence, set aside...........
Civil Procedure Code, 1908, Section 15, Order 9, Rule 7 -- Ex parte order - Setting aside - Petitioner was served at the address mentioned in sale deed itself - Substituted service was not shown to be fraudulent - Both courts below have concurrently found no procedural irregularity sufficient to set aside ex parte order in retrospect particularly in light of subsequent..........
Indian Penal Code, 1860, Section 302, 84 -- Murder - Plea of Insanity - Conviction - Medical report on record show accused normal - However, the medical examination of accused was only conducted during the pendency of appeal i.e. after 5 years from the incident - Further, the prosecution witnesses testified that accused mental condition was unstable both before and after..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 417, Dowry Prohibition Act, 1961, Section 4 -- Framing of charges - Cheating - False promise to marry - No recital in FIR or charge sheet that Rs.5 lacs is demanded at time of construction of house - Even, statement of victim's mother nowhere shows that Rs.5 lacs is paid by her - Moreover, as per..........
Indian Penal Code, 1860, Section 354D, Protection of Children from Sexual Offences Act, 2012, Section 11(iv) -- Stalking - Victim stated in her statement u/s 164 Cr.P.C that she left her residence voluntarily and did not encounter or communicate with petitioner - This statement, therefore, fails to substantiate the essential elements of stalking as defined u/s 354-D IPC..........
